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Francis G.X. Pileggi

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Indexed articles, last 90 days
16
Latest publication
Sep 28, 2026
Outlet visibility, for natlawreview.com
Top 1M sites
Earliest in this view
Jul 21, 2026

Latest articles

  1. Article · Sep 28, 2026 · Francis G.X. Pileggi

    Latest Delaware Corporate Litigation Podcast (opens the original)

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    The latest episode of the Delaware Corporate Litigation Insights Podcast features M&A deal lawyer Michael Platner, who discusses when deals go bad and the most common provisions of an agreement that are often litigated, such as: earnouts, indemnification, and allegations of misrepresentations. These cases are common fare in the Delaware Court of Chancery and the Delaware Superior Court’s Complex Commercial Litigation Division. It can be helpful for litigators to hear insights about the genesis o

  2. Article · Sep 28, 2026 · Francis G.X. Pileggi

    Advancement Right Barred by Unclean Hands (opens the original)

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    Contract-based rights to advancement of an LLC’s general counsel, that would otherwise have been honored, were denied based on the equitable doctrine of unclean hands, in a recent Delaware Court of Chancery opinion styled In Re Care One LLC Advancement Litigation, C.A. Cons. No. 2025-1286-NAC (Del. Ch. Sept. 24, 2026). Although the facts of this case are somewhat sui generis–and not likely to be replicated in many other case– the decision is still noteworthy for a few reasons: (i) some types of

  3. Article · Sep 28, 2026 · Francis G.X. Pileggi

    Chancery Explains Award of Attorneys’ Fees (opens the original)

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    The Delaware Court of Chancery explained the reasoning for a specific award of attorneys’ fees based on a post-trial decision earlier this year, highlighted on these pages, that discussed the basis for awarding fees in a case involving breach of fiduciary duty, breach of a restrictive covenant, and related breaches. Arxada Holdings NA Inc. v. Harvey, C.A. No. 2024-0771-JTL, Order (Del. Ch. March 13, 2026)

  4. Article · Sep 28, 2026 · Francis G.X. Pileggi

    Chancery Awards Damages for Spoliation (opens the original)

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    In a short post-trial letter ruling, the Court of Chancery awarded damages for spoliation of evidence in ATG Capital Opportunity Funds LP v. Lane, C.A. No. 2026-0477-LWW (Del. Ch. Sept. 2, 2026). The record showed that a principal of plaintiff ATG failed to preserve relevant data on his mobile device. The prior post-trial decision on the merits did not rule on a motion seeking spoliation sanctions but explained that the requested adverse inference would not affect the outcome, nor would raising

  5. Article · Aug 11, 2026 · Francis G.X. Pileggi

    Chancery Harmonizes Conflicting Forum Selection Clauses (opens the original)

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    A recent Delaware Court of Chancery decision provides noteworthy guidance about how to reconcile conflicting forum selection clauses. In Kelly Roofing Holdings, LLC v. Flores, C.A. No. 2025-1049-BWD (Del. Ch. June 4, 2026), the court provides a wealth of practical analysis in a relatively short opinion that should be required reading for anyone who is interested in the latest iteration of Delaware law on the following issues: (i) when language in a forum clause is permissive or mandatory; (ii) w

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